The main legal point established in the judgment is the maintainability of the appeal and the priority of hearing and disposing of the vacate stay application over the contempt application.

JUDGMENT

D.V.S.S.SOMAYAJULU, J. - I.A.No.1 of 2023 is filed to condone the delay of 76 days in filing the appeal.

2. I.A.No.2 of 2023 is filed to stay the operation of the order dtd. 20/4/2023 passed by the learned single Judge which is impugned in the writ appeal.

3. This Court has heard Sri Kasa Jaganmohan Reddy, learned counsel for the appellants and Sri Gangaih Naidu, learned senior counsel instructed by Sri D.V.Sasidhar.

4. After hearing the learned counsel, this Court is of the notices that after the interim order was granted on 20/4/2023, the respondents/appellants have filed an application to vacate the stay on 3/7/2023. Thereafter, the matter was not heard. Contempt application was also filed. Delay occurred in view of the above in filing the appeal and so the application is filed to condone the delay in filing the appeal. Considering all of the above, this Court is of the opinion that there is sufficient cause in condoning the delay I.A.No.1 of 2023 is therefore allowed.

5. With regard to I.A.No.2 of 2023, the counsel for the appellants submits that the impugned order passed is contrary to law and has ignored certain important aspects. He points out that ordinance which is relied upon is not applicable to the temple employees and that the order in W.A.No.1033 of 2022 and batch also comes to the aid of the respondents. It is stated that the writ petitioners are not employed by the State and are not entitled to the benefits of the Act 23 of 1984. Therefore, he submits that this is a fit case to grant stay.

6. Sri Gangaih Naidu, learned senor counsel essentially argues that the writ appeal is not maintainable for two reasons, firstly, the petitioners/appellants have filed a vacate stay petition and they have to pursue the same to its logical conclusion. He submits that they cannot also file an appeal while the said application is pending. Secondly, he submits that an appeal is not maintainable because the impugned order is not a 'final' order and appeal only lies against an order having finality. He relies upon a judgment reported in Shyam Sel & Power Ltd. v. Shyam Steel Industries Ltd., (2023) 1 SCC 634.

7. This Court after hearing learned senior counsel notices that the law is well settled and the ratio of case of Shyam Sel & Power Ltd. (1 supra) is not in doubt. In that case, the Court adjourned the matter for filing an affidavit in opposition. The said order was challenged. In those circumstances, the Hon'ble Supreme Court while discussing the character of 'finality' in an order has discussed the case law on the subject. However, if the impugned order in this case is seen, it virtually grants the relief that is claimed in the writ petition. The prayer in the writ petition is that the petitioners should be continued till they attain the age of 62 years. The interim order granted directed the respondents to continue the petitioners in service as the Court felt that the G.O. is applicable to all the employees. Therefore, this Court holds that an appeal is maintainable, as the order has the trappings of finality in this case.

8. However, on the second point namely, vacate stay versus appeal, the learned senior counsel is on a stronger ground. Once the vacate stay application has been filed, this Court is of the opinion that the appellant cannot also file a writ appeal. There can be conflicting orders in such cases. Only one of the two can be heard and decided.

9. Propriety however requires that when a vacate stay application is filed; the same should be taken up by the Judges in the shortest possible period of time. The Writ Proceedings Rules, 1977 mandate the hearing of a vacate stay petition within two weeks (Rule 9). The Rules also provide for a hearing of an interlocutory application within 14 days (Rule 46). This issue is also inter linked to the contempt application which is pending.

10. The law on the issue is also well settled. If a vacate stay application is filed and a contempt application is also pending, the